Expert says DA's office 'invaded'

Fair trial called impossible after seizure of papers.

By John MacCormackjmaccormack@express-news.net :
October 27, 2011
: Updated: October 28, 2011 12:10am

An expert witness testified Thursday that the seizure of defense documents by the Bexar County district attorney's office this year ended the possibility of a defendant getting a fair trial.

“They've essentially invaded the defense camp at that point,” said Wesley Hall of Arkansas, a member of a “strike force” for the National Association of Criminal Defense Lawyers.

Hall testified on the second day of a hearing to decide whether Kathleen Pierce will get a new trial. She was convicted in January of embezzling large sums from her longtime employer, Newby's Hair Styling Salon. She has not been sentenced.

Pierce claims that prosecutors acted improperly when, on the last day of her trial in January, they served a search warrant on her and her attorney in court with the jury absent and seized all the defense documents.

“They could have waited until all the evidence was in or there was a verdict. That was an unreasonable search under the Fourth Amendment,” Hall said.

Prosecutors asserted that Pierce and attorney Tony Reyes possessed documents stolen from her employer and were suspects in multiple crimes. No new charges have resulted.

“There is no question they took documents they shouldn't have. They shouldn't even have smelled them,” Reyes said outside the hearing.

But prosecutors say the fruits of the search, including original documents belonging to the employer, confirmed the need for the dramatic action because Reyes had refused to surrender them.

The case has caught the attention of local defense attorneys, and on Thursday, state District Judge Raymond Angelini's courtroom was again packed with spectators.

Jay Norton, representing Pierce, claims that the document seizure was simply a ploy.

“It's all about the state creating a situation where Kathleen Pierce could not get a fair trial, and they did it intentionally,” he said.

He spent much of Wednesday and Thursday questioning district attorney's Investigator Ruben Segovia, who had helped prepare the search warrant affidavit and served it on Reyes and Pierce.

On Thursday, Segovia contradicted his earlier testimony, in which he had stated that prosecutors made copies of all the seized documents, news that had sent a wave of horror though defense lawyers watching in the courtroom.

A day later, Segovia said no documents outside the scope of the search warrant were copied.

“I think Mr. Segovia was confused. No copies were made of documents that were construed as work product or privileged. I intend to address this in court,” said Cliff Herberg, first assistant to District Attorney Susan Reed.

The hearing was to resume today at 10:30 a.m. and may stretch to Monday.